T-9 - Lands and Forests Act

Section 128 Disposition versions

1987-04-01

128. (Replaced).

R. S. 1964, c. 92, s. 131; 1974, c. 28, s. 46; 1986, c. 108, s. 237.

1977-12-31

128. (1)  The cost of application of the system for the prevention of forest fire shall be borne by the limit holders and owners of private forests for their respective territories.

(2)  Fifty per cent of the actual costs, incurred by such owner or such lessee of timber-cutting rights or such timber limit holder to extinguish a forest fire devastating his property or limit shall be reimbursed to him by the Minister upon the production of vouchers and in accordance with the rates which may be made, amended or replaced with the authorization of the Minister.

(3)  If it be established to the Minister’s satisfaction that a fire originated outside of a territory leased or patrolled by a forest protection agency, the Minister may reimburse such additional proportion of the actual costs so incurred as he may himself determine according to the circumstances.

(4)  No reimbursement shall, however, be made by the Minister if it be shown that the person liable for the fire protection was responsible for the fire, or was guilty of grave negligence in failing to strenuously combat its progress, or if any of his regular employees was responsible for the fire and is unable to prove that he could not prevent the act which caused it.

R. S. 1964, c. 92, s. 131; 1974, c. 28, s. 46.